Delco authorities intensify probe into death of Bailey O'Neill

Family and friends are preparing to say goodbye to Bailey O'Neill, 12, of Darby Township.

As authorities press on to determine possible criminal conduct beyond a reasonable doubt in the death of Bailey O'Neill, family and friends of the 12-year-old Darby Township boy are preparing to say their final goodbyes at funeral services this weekend.

Delaware County District Attorney Jack Whelan said Monday afternoon that charges are likely in the case, though he does not expect any resolution until he receives some critical documentation from the Philadelphia Medical Examiner's office, including an autopsy report.

"This investigation is ongoing ... in fact, it has intensified," Whelan said Monday night, declining to speculate when he might receive those reports.

O'Neill's death on Sunday at Children's Hospital of Philadelphia, one day after his birthday, spurred outrage by many who believe he was the victim of bullying at school. Contacted Sunday night, family members declined comment and requested privacy.

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Whelan said Monday that allegations of bullying are one aspect in a two-month investigation, which is now drawing national attention.

Darby Township police began investigating an incident that occurred Jan. 10 in the schoolyard at Darby Township School, where O'Neill was in sixth grade.

Authorities described the incident as "a one-on-one" altercation, which was captured on video. A witness stated O'Neill took three punches to the face before he dropped to the ground on one knee, sources said, adding that there was no indication of previous problems between the boys.

O'Neill's maternal grandmother, Joy Fecanin, believes O'Neill was "jumped" by at least two other 11-year-old students as many other students gathered around in the schoolyard and watched. She said her grandson suffered a broken nose, a concussion and, ultimately, seizures as a result of the attack during afternoon recess.

Soon after the incident, O'Neill began having headaches and within two weeks was experiencing seizures so uncontrollable he was put into a medically induced coma, Fecanin told the Daily Times in early February.

Family members have expressed frustration, both at authorities for a lack of criminal charges and at the school for failing to notify O'Neill's mother about the incident. According to Fecanin, O'Neill returned to class afterward.

She indicated that two students eventually received suspensions as a result of the incident.

Whelan said Monday that questions remain as to what exact charges might be filed against O'Neill's alleged lone attacker -- identified only as an 11-year-old Darby Township School boy -- or the degree of any alleged offenses.

"I've asked for some witnesses to be re-interviewed," Whelan said.

Depending on the outcome of the ongoing investigations, Whelan said charges against an 11-year-old student allegedly involved in that schoolyard incident could range from simple assault -- a low-grade misdemeanor offense commensurate with a schoolyard fight -- to involuntary manslaughter. The latter would depend on linking any injury suffered by O'Neill to the seizures and, ultimately, his death.

"That's what we need the coroner to tell us," Whelan said. "How can I charge the other 11-year-old if, hypothetically, a doctor or a medical examiner is going to tell me this boy had an organic brain disease? I have to be able to prosecute beyond reasonable doubt that the injury was sustained by the punch."

Whelan added, "Certainly, it's important to seek justice for Bailey, but justice is seeking the truth."

Last month, Fecanin said all she wanted was for her grandson to come out of his coma so she could tell him that she loves him.

She described O'Neill, the firstborn grandchild, as an honors student who never minded walking his 8-year-old brother home from school.

"He is such a good kid," she said.

On Monday, a flag was lowered to half-staff at the school. A letter dated March 4 was released by the Southeast Delco School District informing the school community about O'Neill's death.

"Our school community is deeply saddened by this loss. Our condolences are with Bailey's family and friends during this very difficult time," the letter states.

Additional counselors have been made available to assist students and staff.

The school district is cooperating with the ongoing police investigation.

O'Neill's death was announced Sunday on the Prayers for Bailey O'Neill page on Facebook. That page is being replaced. The new page is called "End Bullying. Save Lives."